What are the elements for malicious prosecution and negligent investigation?

Ontario, Canada


The following excerpt is from Rosin v Dubuc, 2016 ONSC 6441 (CanLII):

With respect to a claim for malicious prosecution, the plaintiff must also prove malice in addition to the three elements for negligent investigation: Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170, para. 42.

Other Questions


Is malicious prosecution exempt from the tort of malicious prosecution? (Ontario, Canada)
What is the burden of proving malicious prosecution and negligent investigation against a plaintiff? (Ontario, Canada)
What are the elements required for a malicious prosecution claim? (Ontario, Canada)
Can a tort be advanced independently of the allegations of malicious prosecution and negligence? (Ontario, Canada)
What is the proper legal test for malicious prosecution for negligence against members of the public? (Ontario, Canada)
Does a private investigator owe a duty in negligence to investigate workplace theft? (Ontario, Canada)
What are the elements of a successful claim for damages for malicious prosecution? (Ontario, Canada)
What are the elements required to succeed in malicious prosecution? (Ontario, Canada)
What are the elements of a negligent misrepresentation claim? (Ontario, Canada)
What is the test for the tort of negligent investigation in a case where no charges have ever been brought? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.